Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Evidence must be introduced of actual or constructive possession of cocaine
January 13, 2009
Topic: Criminal
Kenneth L. Sheppard called out to undercover Officer Berry of the Tampa Police Department at a gas station. Officer Berry asked Sheppard if he was "straight," or if he had any drugs. Sheppard told Officer Berry to go over to his partner Otto Bennett who was "slanging," or selling crack cocaine. Officer Berry bought "twenty-five hard," or twenty-five dollars worth of crack cocaine from Bennett.
When Sheppard was arrested he did not have drugs or money. Sheppard was later charged with aiding and abetting in the delivery and possession of cocaine. Sheppard fought the charges. For the State to prove a defendant-possessed cocaine the State must show the defendant helped get or had the drugs, not just help sell them. Officer Berry never saw Sheppard with cocaine. The prosecution was not able to show that Sheppard had possessed cocaine.
The court determined Sheppard never had cocaine. Nothing showed Sheppard carried or had control over the drugs. Sheppard was convicted for aiding and abetting in the selling of cocaine, however he beat the possession charge.
